Partner Courtenay Brinckerhoff was quoted in an article in Intellectual Property Magazine, “SCOTUS stamps out US Postal Service’s use of IPRs,” about a U.S. Supreme Court decision holding that a federal government agency is not a “person” who can challenge the validity of a patent under the America Invents Act (AIA).
Brinckerhoff said the ruling may turn out to be more interesting than impactful because U.S. government agencies may be satisfied resolving patent infringement claims at the Court of Federal Claims, where all patent infringement suits against the U.S. government are litigated. “Also, because the U.S. government’s liability for patent infringement is limited to ‘reasonable and entire compensation,’” she added, “U.S. government agencies may find that the additional costs of an AIA review proceeding are not justified.”
